Ajay Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14778 of 2020 Arising Out of PS. Case No.-70 Year-2019 Thana- PAROO District- Muzaffarpur ====================================================== AJAY SAHNI S/o Munar Sahni R/o village- Paroo Sahni Tola, P.S.- Paroo, District- Muzaffarpur.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ganesh Prasad Singh For the Opposite Party/s :

Mr. Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-07-2020 This case has been heard through video conferencing. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 270, 272, 328, 467, 468, 471, 472, 420 & 120 B/34 of the Indian Penal Code, Section 30 (a), 35 (c), 36 and 38 of the Bihar Prohibition and Excise Act, 2016 and Section 4/6 of the Trade Mark Act. Huge quantity of foreign liquor and spirit are said to have been recovered from a hut situated in Diyara. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern either with the seized liquor or the place of recovery or

Patna High Court CR. MISC. No.14778 of 2020(2) dt.07-07-2020 2/3 any trade of liquor. He has been falsely implicated in this case at the instance of his enemy. He was not apprehended on the spot. The place of recovery is an open place and easily accessible to anyone. It is also submitted that several similarly situated co-accused have been enlarged on bail by different coordinate Bench of this Court. Petitioner has no criminal antecedent.

Petitioner is agreed to deposit a sum of Rs. 50,000.00 (Rupees Fifty Thousand) in the Chief Minister Relief Fund, Bihar, bearing Account No.2065104000002257, IFSC IBKL0002065, IDBI Bank, Kidwaipuri Branch, Patna. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise Act, Muzaffarpur in connection with Paroo P.S. Case No. 70 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of

Patna High Court CR. MISC. No.14778 of 2020(2) dt.07-07-2020 3/3 Rs.50,000.00 (Rupees Fifty Thousand) in the Chief Minister Relief Fund, Bihar.

(Anjani Kumar Sharan, J) Trivedi/- U T